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![handle is hein.sag/sagwi0030 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
114 East, State Capitol
J.B. VAN HOLLEN P.O. Box 7857
ATTORNEY GENERAL Madison, WI 53707-7857
608/266-1221
Kevin Ml. St. John TTY 1-800-947-3529
Deputy Attorney General
Steven P. Means
Executive Assistant
June 12, 2012 OAG-01-12
Mr. Scott M. Corbett
Corporation Counsel
Marathon County
500 Forest Street, Rm. B 134
Wausau, WI 54403-5568
Dear Mr. Corbett:
1. You indicate that your county has established a solid waste management department
and that the solid waste management director is the head of that department. You ask whether the
county administrator or the county solid waste management board possesses statutory authority to
appoint the director of the county solid waste management department and whether the director or
the board supervises the operation of the department.
2. In my opinion, the county administrator possesses statutory authority to appoint and
supervise the solid waste management director. The director supervises the operation of the
department. The board is purely an advisory and policy-making body.
ANALYSIS
1 3. The county board may create a solid waste management board to operate the [solid
waste management] system . . . composed of not less than 9 nor more than 15 persons of
recognized ability and demonstrated interest in the problems of solid waste management, but not
more than 5 of the board members may be appointed from the county board of supervisors.
Wis. Stat. § 59.70(2). The solid waste management board has broad statutory authority over all
aspects of solid waste operations, including but not limited to the authority to acquire real
property and equipment, to enact solid waste ordinances, and to impose or charge fees.
See Wis. Stat. § 59.70(2)(a)-(p). The Legislature did not designate the solid waste management
board to be a county department head.
4. Wisconsin Stat. § 59.70(2) provides that the solid waste management board may
employ a manager for the system. The materials that you have submitted suggest that in your
county the solid waste management director is the head of the solid waste management
department and is also the system manager within the meaning of Wis. Stat. § 59.70(2).](ViewImageLocal?handle=hein.sag/sagwi0030&div=1&collection=&method=preview&ext=.png&size=3)